Amendments to the Constitution of Canada

Amendments to the Constitution of Canada are changes to the Constitution of Canada.

Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867. Unlike most constitutions, however, this Act had no amending formula: instead changes were enacted through Acts of the Parliament of the United Kingdom (or "Imperial Parliament") called the British North America Acts.

Other Commonwealth countries had taken over the authority for constitutional amendment after the Statute of Westminster 1931, but at the time, Canada decided to allow the Parliament of the United Kingdom to "temporarily" retain the power. With the Constitution Act 1982, Canada took over the authority to amend its own constitution, achieving full sovereignty.

Between 1931 and 1982, the federal government, on behalf of the Canadian House of Commons and the Senate, would issue an address to the British government requesting an amendment. The request would include a resolution containing the desired amendments. These in turn, were always passed by the British Parliament, with little or no debate.

As part of the patriation of the Constitution in 1982 an amending formula was adopted in sections 38 to 49 of the Constitution Act, 1982.

Most amendments can be passed only if identical resolutions are adopted by the House of Commons, the Senate and two thirds or more of the provincial legislative assemblies representing at least 50 percent of the national population. This formula, which is outlined in section 38 of the Constitution Act, 1982, is officially referred to as the "general amendment procedure" and is known colloquially as the "7+50 formula".

Once the procedure for the adoption of the amendment is followed successfully, the amendment is formalized as a proclamation of the Governor General in Council. Officially, therefore, the Constitution is amended by Proclamation, and the issue of the Proclamation requires prior approval by resolutions of the House of Commons, the Senate, and the necessary number of provincial legislative assemblies.

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